Guwahati Court April 1973 Judgments
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Md. Usman Mia Vs. Konthoujam Parijat Singh
Court: Guwahati
Decided on: Apr-25-1973
Baharul Islam, J.1. This reference has been made by the learned Additional Sessions Judge, Manipur, recommending that the ordes dated 1-5-1972 passed by the First Class Magistrate, Imphal East, rejecting the second party's application for conversion of certain proceeding under Section 107, Criminal P. C. into one under Section 145, Criminal P. C. (be quashed, - Ed.).2. The reference arises out of NFIR Case No. 3 of 1971 in which both the parties filed applications for proceedings under Section 107, Criminal P. C. against the other. The learned Magistrate drew up proceedings against both the parties under Section 107, Criminal P. C. Both the parties' case was that the apprehended breach of the peace was in regard to the possession of certain plots of land. When the matter was in progress, the second party filed an application before the Magistrate with a prayer for conversion of the proceeding into one under Section 145, Criminal P. C. The learned Magistrate rejected the applicat...
Oliullah Laskar and ors. Vs. Sukhamoy Das (Complainant) and anr.
Court: Guwahati
Decided on: Apr-12-1973
Baharul Islam, J.1. This application under Section 439 of the Code of Criminal Procedure by the six petitioners is directed against the order dated 19-11-1972 passed by the Sessions Judge, Cachar, directing further enquiry into the case.2. The facts of the case briefly are as follows:On 24-4-1967 the opposite party No. 1, Sukhamoy Das, filed an ejahar at the Kati-gorah police station against the petitioners with the allegations that the latter trespassed ino his homestead and set fire to two of his houses and caused loss to the extent of Rs. 3,000/-. On receipt of the ejahar, polica registered a case but after investigation submitted final report on 16th July, 1967. Opposite Party No. 1 then filed a naraji petition in the Criminal Court at Silchar and the Magistrate, after an enquiry under Section 202 of the Code of Criminal Procedure, issued summonses against the petitioners for an offence under Section 436 of the Penal Code. In course of the preliminary enquiry seven witnesses inclu...
Golam Haidar and anr. Vs. State of Assam
Court: Guwahati
Decided on: Apr-06-1973
Baharul Islam, J.1. This application under Section 439 of the Code of Criminal Procedure is directed against the order of conviction and sentence passed by the Magistrate convicting the two petitioners under Section 14 of the Foreigners Act and sentencing each of them to rigorous imprisonment for six months and to pay a fine of Rs. 500/-. in default, to undergo rigorous imprisonment for three months more.2. The prosecution case, in brief, is that the petitioners were Afgan nationals staying in India without any authority. They Were served with notices to quit India under Section 3(2)(c) of the Foreigners Act of 1946 read with Government of India, Ministry of Home Affairs Notification No. 4356-(l) F. I. dated 19-4-1958. Notices were served on the petitioners on 27-8-1969 and thereby they were directed to leave India within three months from the said date. But in spite of the notices served on them, they did not leave India. They were found at village Gariakhana under Sootea Police Stat...
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